In the Interest of R.S.T., a Child

Summary

The Fourteenth Court of Appeals of Texas dismissed the mother's appeal for lack of jurisdiction because she filed her notice of appeal after the deadline for an accelerated appeal. The court held that the case qualified as an accelerated appeal under Texas Family Code section 263.405 because the Department of Family and Protective Services initiated the suit and remained a party while the child was under Department care.

Holdings

1. The appeal was accelerated because the Department initiated the suit under the applicable Family Code subchapter, was temporary managing conservator while the case proceeded to trial, and remained a party until the final decree was signed; the Department's alleged abandonment of claims or objection to its participation did not change the character of the final order.
2. Mother's notice of appeal was untimely because it was not filed within twenty days after the final order was signed, and her motion for new trial did not extend the deadline for perfecting an accelerated appeal.

Questions Presented

1. Whether the appeal was an accelerated appeal under Texas Family Code section 263.405(a) despite the Department's alleged abandonment of its termination and conservatorship requests and its dismissal as a party in the final decree.
2. Whether Mother's notice of appeal was timely when filed more than twenty days after the final decree was signed and after the trial court denied her motion for new trial.

Disposition

dismissed